BERTOLLI, USA, INC. v. FILIPPO BERTOLLI FINE FOODS

No. 87 Civ. 2302 (WK).

662 F.Supp. 203 (1987)

BERTOLLI USA, INC. and Cirio Bertolli De Rica-Societa Generale Delle Conserve Alimentari, S.p.A., Plaintiffs, v. FILIPPO BERTOLLI FINE FOODS, LTD. and Filippo Bertolli, Defendants.

United States District Court, S.D. New York.

June 15, 1987.


Attorney(s) appearing for the Case

Harold I. Kaplan, Robert S. Weisbein, Blum Kaplan, New York City, for plaintiffs.

John H. Shields, George P. Leshanski, New York City, for defendants.


MEMORANDUM & ORDER

WHITMAN KNAPP, District Judge.

Plaintiffs, manufacturers of olive oil sold under the trademark "Bertolli", seek to enjoin defendant Filippo Bertolli (great great-grandson of the founder of the Bertolli food business) and his corporation from using the name Bertolli as a trade mark or service mark in the manufacture, import, distribution or sale of olive oil. Plaintiffs allege trademark infringement and false designation of origin in...

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